[Congressional Record (Bound Edition), Volume 160 (2014), Part 13]
[Senate]
[Pages 17676-17681]
[From the U.S. Government Publishing Office, www.gpo.gov]




                  UKRAINE FREEDOM SUPPORT ACT OF 2014

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 573, S. 2828.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 2828) to impose sanctions with respect to the 
     Russian Federation, to provide additional assistance to 
     Ukraine, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Foreign Relations, with 
amendments, as follows:

[[Page 17677]]

  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italics.)

                                S. 2828

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Ukraine 
     Freedom Support Act of 2014''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Statement of policy regarding Ukraine.
Sec. 4. Sanctions relating to the defense and energy sectors of the 
              Russian Federation.
Sec. 5. Sanctions on Russian and other foreign financial institutions.
Sec. 6. Codification of executive orders addressing the crisis in 
              Ukraine.
Sec. 7. Major non-NATO ally status for Ukraine, Georgia, and Moldova.
Sec. 8. Increased military assistance for the Government of Ukraine.
Sec. 9. Expanded nonmilitary assistance for Ukraine.
Sec. 10. Expanded broadcasting in countries of the former Soviet Union.
Sec. 11. Support for Russian democracy and civil society organizations.
Sec. 12. Report on non-compliance by the Russian Federation of its 
              obligations under the INF Treaty.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Account; correspondent account; payable-through 
     account.--The terms ``account'', ``correspondent account'', 
     and ``payable-through account'' have the meanings given those 
     terms in section 5318A of title 31, United States Code.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Financial Services of the House of Representatives.
       (3) Control.--The term ``control'' means--
       (A) in the case of a corporation, to hold at least 50 
     percent (by vote or value) of the capital structure of the 
     corporation; or
       (B) in the case of any other entity, to hold interests 
     representing at least 50 percent of the capital structure of 
     the entity.
       (4) Defense article; defense service; training.--The terms 
     ``defense article'', ``defense service'', and ``training'' 
     have the meanings given those terms in section 47 of the Arms 
     Export Control Act (22 U.S.C. 2794).
       (5) Financial institution.--The term ``financial 
     institution'' means a financial institution specified in 
     subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), 
     (J), (M), or (Y) of section 5312(a)(2) of title 31, United 
     States Code.
       (6) Foreign financial institution.--The term ``foreign 
     financial institution'' has the meaning given that term in 
     section 561.308 of title 31, Code of Federal Regulations (or 
     any corresponding similar regulation or ruling).
       (7) Knowingly.--The term ``knowingly'', with respect to 
     conduct, a circumstance, or a result, means that a person has 
     actual knowledge, or should have known, of the conduct, the 
     circumstance, or the result.
       (8) National.--The term ``national'' has the meaning given 
     that term in section 101(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)).
       (9) Person.--The term ``person'' means--
       (A) an individual;
       (B) a corporation, business association, partnership, 
     society, trust, any other nongovernmental entity, 
     organization, or group, or any governmental entity operating 
     as a business enterprise; or
       (C) any successor to any entity described in subparagraph 
     (B).
       (10) Russian person.--The term ``Russian person'' means--
       (A) an individual who is a citizen or national of the 
     Russian Federation; or
       (B) an entity organized under the laws of the Russian 
     Federation.
       (11) Special russian crude oil project.--The term ``special 
     Russian crude oil project'' means a project intended to 
     extract crude oil from--
       (A) the exclusive economic zone of the Russian Federation 
     in waters more than 500 feet deep;
       (B) Russian Arctic offshore locations; or
       (C) shale formations located in the Russian Federation.
       (12) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction within the United States, including a 
     foreign branch of such an entity.

     SEC. 3. STATEMENT OF POLICY REGARDING UKRAINE.

       It is the policy of the United States to further assist the 
     Government of Ukraine in restoring its sovereignty and 
     territorial integrity to deter the Government of the Russian 
     Federation from further destabilizing and invading Ukraine 
     and other independent countries in Eastern Europe and Central 
     Asia. That policy shall be carried into effect, among other 
     things, through a comprehensive effort, in coordination with 
     allies and partners of the United States where appropriate, 
     that includes economic sanctions,
     diplomacy, assistance for the people of Ukraine, and the 
     provision of military capabilities to the Government of 
     Ukraine that will enhance the ability of that Government to 
     defend itself and to restore its sovereignty and territorial 
     integrity in the face of unlawful actions by the Government 
     of the Russian Federation.

     SEC. 4. SANCTIONS RELATING TO THE DEFENSE AND ENERGY SECTORS 
                   OF THE RUSSIAN FEDERATION.

       (a) Sanctions Relating to the Defense Sector.--
       (1) Rosoboronexport.--Except as provided in subsection (d), 
     not later than 30 days after the date of the enactment of 
     this Act, the President shall impose 3 or more of the 
     sanctions described in subsection (c) with respect to 
     Rosoboronexport.
       (2) Russian producers, transferors, or brokers of defense 
     articles.--Except as provided in subsection (d), not later 
     than 45 days after the date of the enactment of this Act, the 
     President shall impose 3 or more of the sanctions described 
     in subsection (c) with respect to a person the President 
     determines--
       (A) is an entity--
       (i) owned by the Government of the Russian Federation or 
     controlled by nationals of the Russian Federation; and
       (ii) that--

       (I) manufactures or sells defense articles transferred into 
     Syria or into the territory of a specified country without 
     the consent of the internationally recognized government of 
     that country;
       (II) transfers defense articles into Syria or into the 
     territory of a specified country without the consent of the 
     internationally recognized government of that country; or
       (III) brokers or otherwise assists in the transfer of 
     defense articles into Syria or into the territory of a 
     specified country without the consent of the internationally 
     recognized government of that country; or

       (B) knowingly, on or after the date of the enactment of 
     this Act, assists, sponsors, or provides financial, material, 
     or technological support for, or goods or services to or in 
     support of, an entity described in subparagraph (A) with 
     respect to an activity described in clause (ii) of that 
     subparagraph.
       (3) Specified country defined.--
       (A) In general.--In this subsection, the term ``specified 
     country'' means--
       (i) Ukraine, Georgia, and Moldova; and
       (ii) any other country designated by the President as a 
     country of significant concern for purposes of this 
     subsection, such as Poland, Lithuania, Latvia, Estonia, and 
     the Central Asia republics.
       (B) Notice to congress.--The President shall notify the 
     appropriate congressional committees in writing not later 
     than 15 days before--
       (i) designating a country as a country of significant 
     concern under subparagraph (A)(ii); or
       (ii) terminating a designation under that subparagraph, 
     including the termination of any such designation pursuant to 
     [subsection (g)]  subsection (h).
       (b) Sanctions Related to the Energy Sector.--
       (1) Development of special russian crude oil projects.--
     Except as provided in subsection (d), not later than 45 days 
     after the date of the enactment of this Act, the President 
     shall impose 3 or more of the sanctions described in 
     subsection (c) with respect to a person if the President 
     determines that the person knowingly makes a significant 
     investment in a special Russian crude oil project.
       (2) Authorization for extension of licensing limitations on 
     certain equipment.--The President, through the Bureau of 
     Industry and Security of the Department of Commerce or the 
     Office of Foreign Assets Control of the Department of the 
     Treasury, as appropriate, may impose additional licensing 
     requirements for or other restrictions on the export or 
     reexport of items for use in the energy sector of the Russian 
     Federation, including equipment used for tertiary oil 
     recovery.
       (3) Contingent sanction relating to gazprom.--If the 
     President determines that Gazprom is withholding significant 
     natural gas supplies from member countries of the North 
     Atlantic Treaty Organization, or further withholds 
     significant natural gas supplies from countries such as 
     Ukraine, Georgia, or Moldova, the President shall, not later 
     than 45 days after making that determination, impose the 
     sanction described in subsection (c)(7) and at least one 
     additional sanction described in subsection (c) with respect 
     to Gazprom.
       (c) Sanctions Described.--The sanctions the President may 
     impose with respect to a foreign person under subsection (a) 
     or (b) are the following:
       (1) Export-import bank assistance.--The President may 
     direct the Export-Import Bank of the United States not to 
     approve the

[[Page 17678]]

     issuance of any guarantee, insurance, extension of credit, or 
     participation in the extension of credit in connection with 
     the export of any goods or services to the foreign person.
       (2) Procurement sanction.--The President may prohibit the 
     head of any executive agency (as defined in section 133 of 
     title 41, United States Code) from entering into any contract 
     for the procurement of any goods or services from the foreign 
     person.
       (3) Arms export prohibition.--The President may prohibit 
     the exportation or provision by sale, lease or loan, grant, 
     or other means, directly or indirectly, of any defense 
     article or defense service to the foreign person and the 
     issuance of any license or other approval to the foreign 
     person under section 38 of the Arms Export Control Act (22 
     U.S.C. 2778).
       (4) Dual-use export prohibition.--The President may 
     prohibit the issuance of any license and suspend any license 
     for the transfer to the foreign person of any item the export 
     of which is controlled under the Export Administration Act of 
     1979 (50 U.S.C. App. 2401 et seq.) (as in effect pursuant to 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.)) or the Export Administration Regulations under 
     subchapter C of chapter VII of title 15, Code of Federal 
     Regulations.
       (5) Property transactions.--The President may, pursuant to 
     such regulations as the President may prescribe, prohibit any 
     person from--
       (A) acquiring, holding, withholding, using, transferring, 
     withdrawing, transporting, or exporting any property that is 
     subject to the jurisdiction of the United States and with 
     respect to which the foreign person has any interest;
       (B) dealing in or exercising any right, power, or privilege 
     with respect to such property; or
       (C) conducting any transaction involving such property.
       (6) Banking transactions.--The President may, pursuant to 
     such regulations as the President may prescribe, prohibit any 
     transfers of credit or payments between financial 
     institutions or by, through, or to any financial institution, 
     to the extent that such transfers or payments are subject to 
     the jurisdiction of the United States and involve any 
     interest of the foreign person.
       (7) Prohibition on investment in equity or debt of 
     sanctioned person.--The President may, pursuant to such 
     regulations as the President may prescribe, prohibit any 
     United States person from investing in or purchasing 
     significant amounts of equity or debt instruments of the 
     foreign person.
       (8) Exclusion from the united states and revocation of visa 
     or other documentation.--In the case of a foreign person who 
     is an individual, the President may direct the Secretary of 
     State to deny a visa to, and the Secretary of Homeland 
     Security to exclude from the United States, the foreign 
     person, subject to regulatory exceptions to permit the United 
     States to comply with the Agreement regarding the 
     Headquarters of the United Nations, signed at Lake Success 
     June 26, 1947, and entered into force November 21, 1947, 
     between the United Nations and the United States, or other 
     applicable international obligations.
       (9) Sanctions on principal executive officers.--In the case 
     of a foreign person that is an entity, the President may 
     impose on the principal executive officer or officers of the 
     foreign person, or on individuals performing similar 
     functions and with similar authorities as such officer or 
     officers, any of the sanctions described in this subsection 
     applicable to individuals.
       (d) Exceptions.--
       (1) Importation of goods.--
       (A) In general.--The authority to block and prohibit all 
     transactions in all property and interests in property under 
     subsection (c)(5) shall not include the authority to impose 
     sanctions on the importation of goods.
       (B) Good defined.--In this paragraph, the term ``good'' has 
     the meaning given that term in section 16 of the Export 
     Administration Act of 1979 (50 U.S.C. App. 2415) (as 
     continued in effect pursuant to the International Emergency 
     Economic Powers Act (50 U.S.C. 1701 et seq.)).
       (2) Additional exceptions.--The President shall not be 
     required to apply or maintain the sanctions under subsection 
     (a) or (b)--
       (A) in the case of procurement of defense articles or 
     defense services--
       (i) under existing contracts or subcontracts, including the 
     exercise of options for production quantities to satisfy 
     requirements essential to the national security of the United 
     States;
       (ii) if the President determines in writing that--

       (I) the person to which the sanctions would otherwise be 
     applied is a sole source supplier of the defense articles or 
     services;
       (II) the defense articles or services are essential;
       (III) alternative sources are not readily or reasonably 
     available; and
       (IV) the national interests of the United States would be 
     adversely affected by the application or maintenance of such 
     sanctions; or

       (iii) if the President determines in writing that--

       (I) such articles or services are essential to the national 
     security under defense coproduction agreements; and
       (II) the national interests of the United States would be 
     adversely affected by the application or maintenance of such 
     sanctions;

       (B) in the case of procurement, to eligible products, as 
     defined in section 308(4) of the Trade Agreements Act of 1979 
     (19 U.S.C. 2518(4)), of any foreign country or 
     instrumentality designated under section 301(b)(1) of that 
     Act (19 U.S.C. 2511(b)(1));
       (C) to products, technology, or services provided under 
     contracts entered into before the date on which the President 
     publishes in the Federal Register the name of the person with 
     respect to which the sanctions are to be imposed;
       (D) to--
       (i) spare parts that are essential to United States 
     products or production;
       (ii) component parts, but not finished products, essential 
     to United States products or production; or
       (iii) routine servicing and maintenance of United States 
     products, to the extent that alternative sources are not 
     readily or reasonably available;
       (E) to information and technology essential to United 
     States products or production; or
       (F) to food, medicine, medical devices, or agricultural 
     commodities (as those terms are defined in section 101 of the 
     Comprehensive Iran Sanctions, Accountability, and Divestment 
     Act of 2010 (22 U.S.C. 8511)).
       (e) National Security Waiver.--
       (1) In general.--The President may waive the application of 
     sanctions under subsection (a) or (b) with respect to a 
     person if the President--
       (A) determines that the waiver is in the national security 
     interest of the United States; and
       (B) submits to the appropriate congressional committees a 
     report on the determination and the reasons for the 
     determination.
       (2) Form of report.--The report required by paragraph 
     (1)(B) shall be submitted in unclassified form, but may 
     include a classified annex.
       (f) Transaction-specific National Security Waiver.--
       (1) In general.--The President may waive the application of 
     sanctions under subsection (a) or (b) with respect to a 
     specific transaction if the President--
       (A) determines that the transaction is in the national 
     security interest of the United States; and
       (B) submits to the appropriate congressional committees a 
     detailed report on the determination and the specific reasons 
     for the determination that a waiver with respect to the 
     transaction is necessary and appropriate.
       (2) Form of report.--The report required by paragraph 
     (1)(B) shall be submitted in unclassified form, but may 
     include a classified annex.
       (g) Penalties.--The penalties provided for in subsections 
     (b) and (c) of section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705) shall apply to a person 
     that violates, attempts to violate, or conspires to violate, 
     or causes a violation of, subsection (a) or (b) of this 
     section, or an order or regulation prescribed under either 
     such subsection, to the same extent that such penalties apply 
     to a person that commits an unlawful act described in section 
     206(a) of the International Emergency Economic Powers Act.
       [(h) Termination.--This section, and sanctions imposed 
     under this section, shall terminate on the date on which the 
     President submits to the appropriate congressional committees 
     a certification that the Government of the Russian Federation 
     has ceased ordering, controlling, or otherwise directing, 
     supporting, or financing, significant acts intended to 
     undermine the peace, security, stability, sovereignty, or 
     territorial integrity of Ukraine, Georgia, and Moldova.]
       (h) Termination.--This section, and sanctions imposed under 
     this section, shall terminate on the date on which the 
     President submits to the appropriate congressional committees 
     a certification that the Government of the Russian Federation 
     has ceased ordering, controlling, or otherwise directing, 
     supporting, or financing, significant acts intended to 
     undermine the peace, security, stability, sovereignty, or 
     territorial integrity of Ukraine, Georgia, and Moldova, 
     including through an agreement between the appropriate 
     parties.

     SEC. 5. SANCTIONS ON RUSSIAN AND OTHER FOREIGN FINANCIAL 
                   INSTITUTIONS.

       (a) Facilitation of Certain Defense- and Energy-Related 
     Transactions.--The President may impose the sanction 
     described in subsection (c) with respect to a foreign 
     financial institution that the President determines engages, 
     on or after the date of the enactment of this Act, in 
     significant transactions involving--
       (1) persons with respect to which sanctions are imposed 
     under section 4; and
       (2) activities described in subsection (a) or (b) of that 
     section.
       (b) Facilitation of Financial Transactions on Behalf of 
     Specially Designated Nationals.--The President may impose the 
     sanction described in subsection (c)

[[Page 17679]]

     with respect to a foreign financial institution if the 
     President determines that the foreign financial institution 
     has, on or after the date that is 180 days after the date of 
     the enactment of this Act, knowingly facilitated a 
     significant financial transaction on behalf of any Russian 
     person included on the list of specially designated nationals 
     and blocked persons maintained by the Office of Foreign 
     Assets Control of the Department of the Treasury, pursuant 
     to--
       (1) this Act;
       (2) Executive Order 13660 (79 Fed. Reg. 13,493), 13661 (79 
     Fed. Reg. 15,535), or 13662 (79 Fed. Reg. 16,169); or
       (3) any other executive order addressing the crisis in 
     Ukraine.
       (c) Sanction Described.--The sanction described in this 
     subsection is, with respect to a foreign financial 
     institution, a prohibition on the opening, and a prohibition 
     or the imposition of strict conditions on the maintaining, in 
     the United States of a correspondent account or a payable-
     through account by the foreign financial institution.
       (d) National Security Waiver.--The President may waive the 
     application of sanctions under this section with respect to a 
     foreign financial institution if the President--
       (1) determines that the waiver is in the national security 
     interest of the United States; and
       (2) submits to the appropriate congressional committees a 
     report on the determination and the reasons for the 
     determination.
       (e) Termination.--This section, and sanctions imposed under 
     this section, shall terminate on the date on which the 
     President submits to the appropriate congressional committees 
     the certification described in section 4(h).

     SEC. 6. CODIFICATION OF EXECUTIVE ORDERS ADDRESSING THE 
                   CRISIS IN UKRAINE.

       (a) In General.--United States[United States] sanctions 
     with respect to the Russian Federation provided for in 
     Executive Orders 13660 (79 Fed. Reg. 13,493), 13661 (79 Fed. 
     Reg. 15,535), and 13662 (79 Fed. Reg. 16,169), as in effect 
     on the day before the date of the enactment of this Act, 
     shall remain in effect until the date on which the President 
     submits to the appropriate congressional committees the 
     certification described in section 4(h).
       (b) Exceptions and Waivers.--Sanctions referred to in 
     subsection (a) shall, as appropriate, be subject to the 
     exceptions and waivers provided for in subsections (d), (e), 
     and (f) of section 4.

     SEC. 7. MAJOR NON-NATO ALLY STATUS FOR UKRAINE, GEORGIA, AND 
                   MOLDOVA.

       Section 517 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2321k) is amended by adding at the end the following:
       ``(c) Additional Designations.--
       ``(1) In general.--Effective on the date of the enactment 
     of the Ukraine Freedom Support Act of 2014, Ukraine, Georgia, 
     and Moldova are each designated as a major non-NATO ally for 
     purposes of this Act and the Arms Export Control Act (22 
     U.S.C. 2751 et seq.).
       ``(2) Notice of termination of designation.--The President 
     shall notify Congress in accordance with subsection (a)(2) 
     before terminating the designation of a country specified in 
     paragraph (1).''.

     SEC. 8. INCREASED MILITARY ASSISTANCE FOR THE GOVERNMENT OF 
                   UKRAINE.

       (a) In General.--The President is authorized to provide 
     defense articles, defense services, and training to the 
     Government of Ukraine for the purpose of countering offensive 
     weapons and reestablishing the sovereignty and territorial 
     integrity of Ukraine, including anti-tank and anti-armor 
     weapons, crew weapons and ammunition, counter-artillery 
     radars to identify and target artillery batteries, fire 
     control, range finder, and optical and guidance and control 
     equipment, tactical troop-operated surveillance drones, and 
     secure command and communications equipment, pursuant to the 
     provisions of the Arms Export Control Act (22 U.S.C. 2751 et 
     seq.), the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
     seq.), and other relevant provisions of law.
       (b) Report Required.--Not later than 60 days after the date 
     of the enactment of this Act, the President shall submit a 
     report detailing the anticipated defense articles, defense 
     services, and training to be provided pursuant to this 
     section and a timeline for the provision of such defense 
     articles, defense services, and training, to--
       (1) the Committee on Foreign Relations, the Committee on 
     Appropriations, and the Committee on Armed Services of the 
     Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Appropriations, and the Committee on Armed Services of the 
     House of Representatives.
       (c) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary of State $350,000,000 for fiscal year 2015 to 
     carry out activities under this section.
       (2) Availability of amounts.--Amounts authorized to be 
     appropriated pursuant to paragraph (1) shall remain available 
     for obligation and expenditure through the end of fiscal year 
     2017.
       (d) Authority for the Use of Funds.--The funds made 
     available pursuant to subsection (c) for provision of defense 
     articles, defense services, and training may be used to 
     procure such articles, services, and training from the United 
     States Government or other appropriate sources.

     SEC. 9. EXPANDED NONMILITARY ASSISTANCE FOR UKRAINE.

       (a) Assistance to Internally Displaced People in Ukraine.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit a plan, including actions by the United States 
     Government, other governments, and international 
     organizations, to meet the need for protection of and 
     assistance for internally displaced persons in Ukraine, to--
       (A) the Committee on Foreign Relations, the Committee on 
     Appropriations, and the Committee on Energy and Natural 
     Resources of the Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Appropriations, and the Committee on Energy and Commerce of 
     the House of Representatives.
       (2) Elements.--The plan required by paragraph (1) should 
     include, as appropriate, activities in support of--
       (A) helping to establish a functional and adequately 
     resourced central registration system in Ukraine that can 
     ensure coordination of efforts to provide assistance to 
     internally displaced persons in different regions;
       (B) encouraging adoption of legislation in Ukraine that 
     protects internally displaced persons from discrimination 
     based on their status and provides simplified procedures for 
     obtaining the new residency registration or other official 
     documentation that is a prerequisite to receiving appropriate 
     social payments under the laws of Ukraine, such as pensions, 
     and disability, child, and unemployment benefits; and
       (C) helping to ensure that information is available to 
     internally displaced persons about--
       (i) government agencies and independent groups that can 
     provide assistance to such persons in various regions; and
       (ii) evacuation assistance available to persons seeking to 
     flee armed conflict areas.
       (3) Assistance through international organizations.--The 
     President shall instruct the United States permanent 
     representative or executive director, as the case may be, to 
     the relevant United Nations voluntary agencies, including the 
     United Nations High Commissioner for Refugees and the United 
     Nations Office for the Coordination of Humanitarian Affairs, 
     and other appropriate international organizations, to use the 
     voice and vote of the United States to support appropriate 
     assistance for internally displaced persons in Ukraine.
       (b) Assistance to the Defense Sector of Ukraine.--The 
     Secretary of State and the Secretary of Defense should assist 
     entities in the defense sector of Ukraine to reorient exports 
     away from customers in the Russian Federation and to find 
     appropriate alternative markets for those entities in the 
     defense sector of Ukraine that have already significantly 
     reduced exports to and cooperation with entities in the 
     defense sector of the Russian Federation.
       (c) Assistance To Address the Energy Crisis in Ukraine.--
       (1) Emergency energy assistance.--
       (A) Plan required.--The Secretary of State and the 
     Secretary of Energy, in collaboration with the Administrator 
     of the United States Agency for International Development and 
     the Administrator of the Federal Emergency Management Agency, 
     shall work with officials of the Government of Ukraine to 
     develop a short-term emergency energy assistance plan 
     designed to help Ukraine address the potentially severe 
     short-term, heating fuel and electricity shortages facing 
     Ukraine in 2014 and 2015.
       (B) Elements.--The plan required by subparagraph (A) should 
     include strategies to address heating fuel and electricity 
     shortages in Ukraine, including, as appropriate--
       (i) the acquisition of short-term, emergency fuel supplies;
       (ii) the repair or replacement of infrastructure that could 
     impede the transmission of electricity or transportation of 
     fuel;
       (iii) the prioritization of the transportation of fuel 
     supplies to the areas where such supplies are needed most;
       (iv) streamlining emergency communications throughout 
     national, regional, and local governments to manage the 
     potential energy crisis resulting from heating fuel and 
     electricity shortages;
       (v) forming a crisis management team within the Government 
     of Ukraine to specifically address the potential crisis, 
     including ensuring coordination of the team's efforts with 
     the efforts of outside governmental and nongovernmental 
     entities providing assistance to address the potential 
     crisis; and
       (vi) developing a public outreach strategy to facilitate 
     preparation by the population and communication with the 
     population in the event of a crisis.
       (C) Assistance.--The Secretary of State, the Secretary of 
     Energy, and the Administrator of the United States Agency for 
     International Development are authorized to provide 
     assistance in support of, and to invest in short-term 
     solutions for, enabling Ukraine

[[Page 17680]]

     to secure the energy safety of the people of Ukraine during 
     2014 and 2015, including through--
       (i) procurement and transport of emergency fuel supplies, 
     including reverse pipeline flows from Europe;
       (ii) provision of technical assistance for crisis planning, 
     crisis response, and public outreach;
       (iii) repair of infrastructure to enable the transport of 
     fuel supplies;
       (iv) repair of power generating or power transmission 
     equipment or facilities;
       (v) procurement and installation of compressors or other 
     appropriate equipment to enhance short-term natural gas 
     production;
       (vi) procurement of mobile electricity generation units; 
     [and]
       (vii) conversion of natural gas heating facilities to run 
     on other fuels, including alternative energy sources[.]; and
       (viii) provision of emergency weatherization and 
     winterization materials and supplies. 
       (D) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary of State, the Secretary 
     of Energy, and the Administrator of the United States Agency 
     for International Development $50,000,000 in the aggregate 
     for fiscal year 2015 to carry out activities under this 
     paragraph.
       (2) Reduction of ukraine's reliance on energy imports.--
       (A) Plans required.--The Secretary of State, in 
     collaboration with the Secretary of Energy and the 
     Administrator of the United States Agency for International 
     Development, shall work with officials of the Government of 
     Ukraine to develop medium- and long-term plans to increase 
     energy production and efficiency to increase energy security 
     by helping Ukraine reduce its dependence on natural gas 
     imported from the Russian Federation.
       (B) Elements.--The medium- and long-term plans required by 
     subparagraph (A) should include strategies, as appropriate, 
     to--
       (i) improve corporate governance and unbundling of state-
     owned oil and gas sector firms;
       (ii) increase production from natural gas fields and from 
     other sources, including renewable energy;
       (iii) license new oil and gas blocks transparently and 
     competitively;
       (iv) modernize oil and gas upstream infrastructure; and
       (v) improve energy efficiency.
       (C) Prioritization.--The Secretary of State, the 
     Administrator of the United States Agency for International 
     Development, and the Secretary of Energy should, during 
     fiscal years 2015 through 2017, work with other donors, 
     including multilateral agencies and nongovernmental 
     organizations, to prioritize, to the extent practicable and 
     as appropriate, the provision of assistance from such donors 
     to help Ukraine to improve energy efficiency, increase energy 
     supplies produced in Ukraine, and reduce reliance on energy 
     imports from the Russian Federation, including natural gas.
       (D) Authorization of appropriations.--There are authorized 
     to be appropriated $50,000,000 in the aggregate for fiscal 
     years 2015 through 2017 to carry out activities under this 
     paragraph.
       (3) Support from the overseas private investment 
     corporation.--The Overseas Private Investment Corporation 
     shall--
       (A) prioritize, to the extent practicable, support for 
     investments to help increase energy efficiency, develop 
     domestic oil and natural gas reserves, improve and repair 
     electricity infrastructure, and develop renewable and other 
     sources of energy in Ukraine; and
       (B) implement procedures for expedited review and, as 
     appropriate, approval, of applications by eligible investors 
     (as defined in section 238 of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2198)) for loans, loan guarantees, and 
     insurance for such investments.
       (4) Support by the world bank group and the european bank 
     for reconstruction and development.--The President shall, to 
     the extent practicable and as appropriate, direct the United 
     States Executive Directors of the World Bank Group and the 
     European Bank for Reconstruction and Development to use the 
     voice, vote, and influence of the United States to encourage 
     the World Bank Group and the European Bank for Reconstruction 
     and Development and other international financial 
     institutions--
       (A) to invest in, and increase their efforts to promote 
     investment in, projects to improve energy efficiency, improve 
     and repair electricity infrastructure, develop domestic oil 
     and natural gas reserves, and develop renewable and other 
     sources of energy in Ukraine; and
       (B) to stimulate private investment in such projects.
       (d) Assistance to Civil Society in Ukraine.--
       (1) In general.--The Secretary of State and the 
     Administrator of the United States Agency for International 
     Development shall, directly or through nongovernmental or 
     international [organizations] organizations, such as the 
     Organization for Security and Co-operation in Europe, the 
     National Endowment for Democracy, and related organizations--
       (A) strengthen the organizational and operational capacity 
     of democratic civil society in Ukraine;
       (B) support the efforts of independent media outlets to 
     broadcast, distribute, and share information in all regions 
     of Ukraine;
       (C) counter corruption and improve transparency and 
     accountability of institutions that are part of the 
     Government of Ukraine; and
       (D) provide support for democratic organizing and election 
     monitoring in Ukraine.
       (2) Strategy required.--Not later than 60 days after the 
     date of the enactment of this Act, the President shall submit 
     a strategy to carry out the activities described in paragraph 
     (1) [to the committees specified in subsection (a)(1).] to--
       (A) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary of State $20,000,000 for 
     fiscal year 2015 to carry out this subsection.
       (4) Transparency requirements.--Any assistance provided 
     pursuant to this subsection shall be conducted in as 
     transparent of a manner as possible, consistent with the 
     nature and goals of this subsection. The President shall 
     provide a briefing on the activities funded by this 
     subsection at the request of the committees specified in 
     paragraph (2).

     SEC. 10. EXPANDED BROADCASTING IN COUNTRIES OF THE FORMER 
                   SOVIET UNION.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Chairman of the Broadcasting 
     Board of Governors shall submit to Congress a plan, including 
     a cost estimate, for immediately and substantially 
     increasing, and maintaining through fiscal year 2017, the 
     quantity of Russian-language broadcasting into the countries 
     of the former Soviet Union funded by the United States in 
     order to counter Russian Federation propaganda.
       (b) Prioritization of Broadcasting Into Ukraine, Georgia, 
     and Moldova.--The plan required by subsection (a) shall 
     prioritize broadcasting into Ukraine, Georgia, and Moldova by 
     the Voice of America and Radio Free Europe/Radio Liberty.
       (c) Additional Priorities.--In developing the plan required 
     by subsection (a), the Chairman shall consider--
       (1) near-term increases in Russian-language broadcasting 
     for countries of the former Soviet Union (other than the 
     countries specified in subsection (b)), including Latvia, 
     Lithuania, and Estonia; and
       (2) increases in broadcasting in other critical languages, 
     including Ukrainian and Romanian languages.
       (d) Broadcasting Defined.--In this section, the term 
     ``broadcasting'' means the distribution of media content via 
     radio broadcasting, television broadcasting, and Internet-
     based platforms, among other platforms.
       (e) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Broadcasting Board of Governors $10,000,000 for each of 
     fiscal years 2015 through 2017 to carry out activities under 
     this section.
       (2) Supplement not supplant.--Amounts authorized to be 
     appropriated pursuant to paragraph (1) shall supplement and 
     not supplant other amounts made available for activities 
     described in this section.

     SEC. 11. SUPPORT FOR RUSSIAN DEMOCRACY AND CIVIL SOCIETY 
                   ORGANIZATIONS.

       (a) In General.--The Secretary of State shall, directly or 
     through nongovernmental or international organizations, such 
     as the Organization for Security and Co-operation in Europe, 
     the National Endowment for Democracy, and related 
     organizations--
       (1) improve democratic governance, transparency, 
     accountability, rule of law, and anti-corruption efforts in 
     the Russian Federation;
       (2) strengthen democratic institutions and political and 
     civil society organizations in the Russian Federation;
       (3) expand uncensored Internet access in the Russian 
     Federation; and
       (4) expand free and unfettered access to independent media 
     of all kinds in the Russian Federation, including through 
     increasing United States Government-supported broadcasting 
     activities, and assist with the protection of journalists and 
     civil society activists who have been targeted for free 
     speech activities.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of State $20,000,000 for 
     each of fiscal years 2015 through 2017 to carry out the 
     activities set forth in subsection (a).
       (c) Strategy Requirement.--Not later than 60 days after the 
     date of the enactment of this Act, the President shall submit 
     a strategy to carry out the activities set forth in 
     subsection (a) to--
       (1) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.
       (d) Transparency Requirements.--Any assistance provided 
     pursuant to this section shall be conducted in as transparent 
     of a manner as possible, consistent with the nature and goals 
     of

[[Page 17681]]

     this section. The President shall provide a briefing on the 
     activities funded by this section at the request of the 
     committees specified in subsection (c).

     SEC. 12. REPORT ON NON-COMPLIANCE BY THE RUSSIAN FEDERATION 
                   OF ITS OBLIGATIONS UNDER THE INF TREATY.

       (a) Findings.--Congress makes the following findings:
       (1) The Russian Federation is in violation of its 
     obligations under the Treaty between the United States of 
     America and the Union of Soviet Socialist Republics on the 
     Elimination of Their Intermediate-Range and Shorter-Range 
     Missiles, signed at Washington December 8, 1987, and entered 
     into force June 1, 1988 (commonly referred to as the 
     ``Intermediate-Range Nuclear Forces Treaty'' or ``INF 
     Treaty'').
       (2) This behavior poses a threat to the United States, its 
     deployed forces, and its allies.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the President should hold the Russian Federation 
     accountable for being in violation of its obligations under 
     the INF Treaty; and
       (2) the President should demand the Russian Federation 
     completely and verifiably eliminate the military systems that 
     constitute the violation of its obligations under the INF 
     Treaty.
       (c) Report.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and every 90 days thereafter, the 
     President shall submit to the committees specified in 
     subsection (d) a report that includes the following elements:
       (A) A description of the status of the President's efforts, 
     in cooperation with United States allies, to hold the Russian 
     Federation accountable for being in violation of its 
     obligations under the INF Treaty and obtain the complete and 
     verifiable elimination of its military systems that 
     constitute the violation of its obligations under the INF 
     Treaty.
       (B) The President's assessment as to whether it remains in 
     the national security interests of the United States to 
     remain a party to the INF Treaty, and other related treaties 
     and agreements, while the Russian Federation is in violation 
     of its obligations under the INF Treaty.
       (C) Notification of any deployment by the Russian 
     Federation of a ground launched ballistic or cruise missile 
     system with a range of between 500 and 5,500 kilometers.
       (D) A plan developed by the Secretary of State, in 
     consultation with the Director of National Intelligence and 
     the Defense Threat Reduction Agency (DTRA), to verify that 
     the Russian Federation has fully and completely dismantled 
     any ground launched cruise missiles or ballistic missiles 
     with a range of between 500 and 5,500 kilometers, including 
     details on facilities that inspectors need access to, people 
     inspectors need to talk with, how often inspectors need the 
     accesses for, and how much the verification regime would 
     cost.
       (2) Form.--The report required under paragraph (1) shall be 
     submitted in unclassified form but may contain a classified 
     annex.
       (d) Committees Specified.--The committees specified in this 
     subsection are--
       (1) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Select Committee on Intelligence of 
     the Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.

  Mr. JOHNSON of South Dakota. Mr. President, the Banking Committee has 
jurisdiction over economic, trade, banking, and financial sanctions. 
During the last year, I have worked with my colleagues in Congress to 
authorize the President to impose tough sanctions targeting President 
Putin and his cronies, and he has enlisted our allies in that effort. 
We all agree that if Putin continues to intimidate the people of 
Ukraine he must face intensifying economic and political isolation.
  But unlike with the sanctions bill enacted earlier this year, the 
Foreign Relations Committee did not consult the Banking Committee on 
this bill prior to its markup. Even so, my staff has worked 
cooperatively with Foreign Relations staff in recent weeks to fix many 
of the most significant textual problems which would have made its 
implementation unworkable. Those negotiations have now progressed to a 
point where I have been satisfied with the changes included in the 
substitute amendment. While it is still not perfect and contains some 
provisions which in my view are unnecessary, we have made substantial 
progress.
  The President has worked to impose punishing sanctions on Russia, 
maximizing their effect on Russia while minimizing their effect on the 
U.S. and Western allies. I heard personally from Secretary Lew the 
administration's concern that the mandatory global energy sanctions in 
a prior version of this bill could have driven a wedge between the U.S. 
and our allies. They could have ensnared potentially hundreds of our 
allies' businesses--including firms whose governments in Europe and 
elsewhere may otherwise be working with us to isolate Russia. That 
problem has now been resolved, and the substitute now gives the 
President discretion to target firms involved in these activities 
should he so choose. I am confident he will now be able to implement 
these measures in a way which is sensitive to the concerns of our 
allies, and which can protect innocent U.S. investors in pension funds, 
mutual funds, and emerging market funds which hold stock in European, 
Asian or other firms subject to potential sanction under the bill.
  Sanctions should offer the President flexibility to continue to work 
with allies to maximize pressure on Russia as its economy reels under 
the stress of sanctions, falling world oil prices, and a falling ruble. 
I support the aid to Ukraine authorized in this bill, and I support 
further sanctions on Russia that will not drive a wedge between the 
U.S. and our allies, that will protect innocent U.S. investors, and 
that can be implemented with minimal confusion or delay. I am glad we 
were able finally to reach agreement on the bill and appreciate the 
cooperation of my colleagues in this effort.
  Mr. DURBIN. I further ask unanimous consent that the committee-
reported amendments be withdrawn; the Menendez-Corker substitute 
amendment, which is at the desk, be agreed to; the bill, as amended, be 
read a third time; and the Senate proceed to vote on passage of the 
bill, as amended.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The committee-reported amendments were withdrawn.
  The amendment (No. 4092) in the nature of a substitute was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  The PRESIDING OFFICER. If there is no further debate, the bill having 
been read the third time, the question is, Shall it pass?
  The bill (S. 2828), as amended, was passed.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the motion to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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